Written Answers Monday 22 October 2007

Scottish Executive

Autism

Cathy Peattie (Falkirk East) (Lab): To ask the Scottish Executive what action is being taken to monitor and reduce the waiting times for educational support for children with autism.

Adam Ingram: No specific action is being taken by the Scottish Executive to monitor the waiting times for educational support for children with autism.

  However, under the Education (Additional Support for Learning) (Scotland) Act 2004 (the act), education authorities are required to identify and then make adequate and efficient provision for the additional support needs of children and young people, including those with an autism spectrum disorder.

  The act introduced statutory timescales to which education authorities and appropriate agencies must adhere. In instances where an education authority and/or appropriate agency is in breach of these timescales, a parent has the right to utilise the new dispute resolution mechanisms such as mediation, independent adjudication or, in certain circumstances, the Additional Support Needs Tribunal for Scotland.

Autism

Cathy Peattie (Falkirk East) (Lab): To ask the Scottish Executive what action is being taken to monitor and reduce bullying of children with autism.

Adam Ingram: It is for local authorities to decide how incidents of bullying should be monitored and recorded.

  The Scottish Government is committed to preventing and tackling bullying whenever and wherever it arises, regardless of the motivation. To support this commitment a national anti-bullying service, Respectme has been established. Respectme provides advice, information, support and training to local authorities and schools in all aspects of anti-bullying from promotion of positive ethos to dealing effectively with incidents of bullying of all kinds.

Autism

Cathy Peattie (Falkirk East) (Lab): To ask the Scottish Executive what action is being taken to assess and improve the level of understanding of autism in schools.

Adam Ingram: On 31 October 2006, HM Inspectorate of Education (HMIE) published their report on Education for Pupils with Autism Spectrum Disorders . This report (commissioned at the request of the Scottish ministers) evaluated and reported on the educational provision for pupils with autism spectrum disorders (ASD) in Scotland and was issued to all education authorities.

  In light of both the HMIE report and the National Autistic Society (NAS) Scotland’s "make school make sense" report, the Scottish Executive created an Autism Spectrum Disorder Education Working Group to take forward the recommendations in both reports. The intended outcome of this group is to produce a resource pack/tool kit for education authorities (EAs) which will include: strategic planning for future service provision; guidance on the information EAs should be publishing for parents, and guidance to schools.

  The Scottish Government is funding a pioneering new project at Aberdeen University, providing £1.39 million over 2005-10, to embed inclusive approaches to teaching for pupils with additional support needs, including ASD, within initial teacher education. The findings and best practice from this project will be disseminated to other initial teacher education providers.

  The Scottish Government also provides education authorities with £7.2 million per year specifically for the training and development of staff working with pupils with additional support needs. A further £13.5 million is issued annually to allow local authorities to co-ordinate and provide Continuing Professional Development (CPD) for teachers.

Child Protection

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive, further to the answer to question S3W-3561 by Adam Ingram on 5 September 2007, when proposals to increase public awareness of the national Child Protection Line will be discussed with the national working group for this project and with child protection committees.

Adam Ingram: Proposals to increase public awareness of the national gateway line to local child protection services will be discussed with the Child Protection Line Working Group on 15 November 2007 and with the Chairs of the Child Protection Committees at their next quarterly meeting on 13 December 2007.

Children and Young People

Bob Doris (Glasgow) (SNP): To ask the Scottish Executive how many schoolchildren have been in receipt of a clothing grant for school uniforms in each year since 1999, broken down by local authority.

Adam Ingram: Information on the number of schoolchildren who have been in receipt of a clothing grant for school uniforms in each year since 1999 is not held centrally.

Children and Young People

Bob Doris (Glasgow) (SNP): To ask the Scottish Executive what the average level of clothing grant award for school uniforms has been per child in each year since 1999, broken down by local authority.

Adam Ingram: Information on the average level of clothing grant per child, broken down by local authority since 1999, is not held centrally.

Children and Young People

Bob Doris (Glasgow) (SNP): To ask the Scottish Executive whether it is aware of the assessment criteria used by each local authority to determine eligibility for clothing grants for school uniforms and, if so, whether it will publish this information and, if not, whether it will collate such information.

Adam Ingram: In response to a Public Petition brought forward by Jim Milne on behalf of Dundee Anti-Poverty Forum, we have agreed to undertake a review of clothing grant provision across Scotland.

  It is anticipated that the review will collect information on the assessment criteria used by each local authority to determine eligibility for clothing grants for school uniforms and that this information will be collated and published as part of the review report.

Children and Young People

Bob Doris (Glasgow) (SNP): To ask the Scottish Executive what plans it has to standardise across each local authority area the (a) eligibility criteria for and (b) level of clothing grants for school uniforms.

Adam Ingram: As noted in the answer to question S3W-4725 on 22 October 2007, in response to a public petition brought forward by Jim Milne on behalf of Dundee Anti-Poverty Forum, we have agreed to undertake a review of clothing grant provision across Scotland.

  It is anticipated that the review will collect information on (a) eligibility criteria and (b) level of clothing grants for school uniforms across local authority areas. We shall consider what further action is required following the outcome of the review.

  All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Communities

Jackson Carlaw (West of Scotland) (Con): To ask the Scottish Executive whether it will provide an assurance that the Community Regeneration Fund will not be cancelled or have its budget cut.

Jackson Carlaw (West of Scotland) (Con): To ask the Scottish Executive when people whose jobs or community services rely on the Community Regeneration Fund will be advised about its future.

Patricia Ferguson (Glasgow Maryhill) (Lab): To ask the Scottish Executive whether it is committed to the continuation of the Community Regeneration Fund.

Stewart Maxwell: Decisions about the Community Regeneration Fund will be taken by ministers in the context of the imminent Strategic Spending Review. An announcement about the Spending Review will be made in due course.

Consumer Protection

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how it will legislate on the pricing of alcohol and alcohol promotions in retail outlets.

Kenny MacAskill: The Scottish Government is considering the most suitable approach to alcohol pricing and irresponsible promotions. We will decide in due course which legislative measures are appropriate to achieve our policy objectives.

Education

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive what steps it is taking to address the number of girls being excluded from schools.

Maureen Watt: The decision to exclude pupils from schools lies with head teachers and education authorities and is taken on an individual basis in light of the circumstances of the case. The Scottish Government supports this local decision-making to exclude where necessary as a last resort and within a consistently applied behavioural policy. A range of approaches to make sure all pupils engage with and benefit from the curriculum and to promote positive behaviour in schools, contributes to preventing and supporting reductions in exclusions for all pupils.

Education

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it will list the funding streams in the National Priorities Action Fund.

Maureen Watt: For 2007-08, the National Priorities Action Fund was allocated to local authorities across the following funding streams:

  - Additional Support for Learning (ASL) Support

  - Additional Support Needs (ASN) In-Service Training (INSET)

  - Additional Support Staff

  - Additional Teachers for Early Years

  - Alternatives to Exclusion

  - Continuing Professional Development

  - Curriculum for Excellence

  - Discipline

  - GLOW

  - Integration in School Education

  - Inclusion

  - Job Sizing

  - New Teachers

  - Nutrition

  - Parental Involvement Act

  - Staged Intervention

  - Out of School Hours Learning / Study Support

  - Support for Parents

  - Support for Teachers.

  Local authorities can vire funds freely between the individual funding streams in ways which best suit their local community and circumstances.

Families

Gil Paterson (West of Scotland) (SNP): To ask the Scottish Executive how many applications to the courts for interdicts and exclusion orders under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and the Protection from Abuse (Scotland) Act 2001 and non-harassment orders under the Protection from Harrassment Act 1997 in (a) 2003-04, (b) 2004-05 and (c) 2005-06 were funded by grants of civil legal aid.

Kenny MacAskill: The Scottish Legal Aid Board records the subject matter of the grants of legal aid it makes. I refer the member to the answer to question S3W-4646 on 22 October 2007. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

  The board is not informed whether or not an application to the court is subsequently made. Information on the number of applications to the courts funded by civil legal aid is not, therefore, available.

Families

Gil Paterson (West of Scotland) (SNP): To ask the Scottish Executive how many grants of civil legal aid for interdicts and exclusion orders under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and the Protection from Abuse (Scotland) Act 2001 and non-harassment orders under the Protection from Harrassment Act 1997 in (a) 2003-04, (b) 2004-05 and (c) 2005-06 were offered subject to payment of contributions from the applicants.

Gil Paterson (West of Scotland) (SNP): To ask the Scottish Executive how many offers of grants of civil legal aid for interdicts and exclusion orders under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and the Protection from Abuse (Scotland) Act 2001 and non-harassment orders under the Protection from Harrassment Act 1997 in (a) 2003-04, (b) 2004-05 and (c) 2005-06 were turned down by the applicants because they were unable to afford to pay the contributions.

Gil Paterson (West of Scotland) (SNP): To ask the Scottish Executive how many grants of civil legal aid were made to pursue or defend actions in the civil courts relating to applications for contact, residence and parental rights and responsibilities orders under section 11 of the Children (Scotland) Act 1995 in (a) 2003-04, (b) 2004-05 and (c) 2005-06.

Kenny MacAskill: The following table shows, for each of the years requested, the total number of grants of civil legal aid where the primary crave relates to a protective order (including interdicts, breach of interdict, non-harassment orders, exclusion orders and requests for powers of arrest). The table also shows the number of grants made with a contribution and the number of grants subsequently terminated because the applicant either did not pay their first installment or notified the board they did not wish to proceed.

  Grants of Civil Legal Aid: Protective Orders

  

Protective Orders
Granted
Contribution Required
Did Not Proceed


2003-04
1,461
183
18*


2004-05
1,192
165
39


2005-06
9,87
176
28



  *Part Year figures for 2003-04.

  The Scottish Legal Aid Board grants legal aid where an application passes both merits and means tests. If the assisted person subsequently informs the board that they no longer wish to proceed, or if they fail to pay their first contribution installment, the grant of legal aid will be terminated. Prior to October 2003, where the applicant was assessed as eligible but required to make a contribution, an offer of legal aid would be made before it was formally granted. If the applicant did not respond to the offer, no grant of legal aid would be made.

  The board is not usually given a reason for the non-payment of the installment or for the applicant choosing not to proceed. A survey by the board in 2001 of those who turned down offers of legal aid suggested a number of reasons for this, including inability to pay, the matter having resolved itself or the applicant having decided to pay their solicitor privately. The board has since increased the period over which contribution installments can be paid which should improve affordability.

  Caution should be exercised when comparing the data for the years in question, particularly in relation to cases that did not proceed (the figures for 2003-04 relate only to the period after the change in procedure in October 2003). The board also improved the way it records information about applications for and grants of legal aid in 2005. In addition to recording more specific categories of cases, the board also now records both the primary crave and any ancillary craves for which legal aid is sought. The data for the period before 2005 only covers the primary crave.

Families

Gil Paterson (West of Scotland) (SNP): To ask the Scottish Executive what scale of contributions was requested from applicants for civil legal aid to pursue or defend actions in the civil courts relating to applications for contact, residence and parental rights and responsibilities orders under section 11 of the Children (Scotland) Act 1995 in (a) 2003-04, (b) 2004-05 and (c) 2005-06 and how many applicants turned down offers of grants because they were unable to pay the contributions.

Kenny MacAskill: The distribution of contribution values and average contribution requested from legal aid applicants in cases relating to Section 11 of the Children (Scotland) Act 1995 is shown in the following table. These figures include contributions from both income and capital.

  Distribution and average value of contributions requested from legal aid applicants:

  Section 11 of the Children (Scotland) Act 1995

  

 
Up
to £50
£51
to £100
£101 
to £250
£251
to £500
£501
to £800
£800
to £1,200
£1,200
to £1,700
Over £1,700
Average


2003-04
12
24
75
130
130
155
153
86
£1,241


2004-05
12
18
46
113
111
121
140
86
£962


2005-06
10
15
68
105
102
135
154
117
£1,007



  The following table shows, for each of the years requested, the total number of grants of civil legal aid where the primary crave relates to section 11 of the Children (Scotland) Act 1995. The table also shows the number of grants made with a contribution and the number of grants subsequently terminated because the applicant either did not pay their first installment or notified the board they did not wish to proceed.

  Number of Grants of Civil Legal Aid: Section 11 of the Children (Scotland) Act 1995

  

 
Applications Granted
Number where Contribution Required
Number which did not Proceed


2003-04
3,186
765
43*


2004-05
2,814
647
105


2005-06
2,811
706
100



  Note: *Part year figures for 2003-04.

  The Scottish Legal Aid Board grants legal aid where an application passes both merits and means tests. If the assisted person subsequently informs the board that they no longer wish to proceed, or if they fail to pay their first contribution installment, the grant of legal aid will be terminated. Prior to October 2003, where the applicant was assessed as eligible but required to make a contribution, an offer of legal aid would be made before it was formally granted. If the applicant did not respond to the offer, no grant of legal aid would be made.

  The board is not usually given a reason for the non-payment of the installment or for the applicant choosing not to proceed. A survey by the board in 2001 of those who turned down offers of legal aid suggested a number of reasons for this, including inability to pay, the matter having resolved itself or the applicant having decided to pay their solicitor privately. The board has since increased the period over which contribution installments can be paid which should improve affordability.

  Caution should be exercised when comparing the data for the years in question, particularly in relation to cases that did not proceed (the figures for 2003-04 relate only to the period after the change in procedure in October 2003). The board also improved the way it records information about applications for and grants of legal aid in 2005. In addition to recording more specific categories of cases the board also now records both the primary crave and any ancillary craves for which legal aid is sought. The data for the period before 2005 only covers the primary crave.

Ferry Services

Alex Johnstone (North East Scotland) (Con): To ask the Scottish Executive, further to the answer to question S3W-4039 by Stewart Stevenson on 18 September 2007, how much CalMac Ferries Ltd spends per month on harbour operations and harbour management in fulfilling the functions it requires to carry out on behalf of Caledonian Maritime Assets Ltd.

Stewart Stevenson: Under the terms of the agreements between CalMac Ferries Ltd (CFL) and Caledonian Maritime Assets Ltd (CMAL), relating to the delivery of the Clyde and Hebrides Ferry Services (CHFS) contract, CFL has paid CMAL, since the start of the contract on 1 October 2007, a harbour access fee of £125,160 per month for access to the CMAL owned harbours required to operate the services. This represents an increase from the pre-October figure of £110,583.33 that was quoted in the reply to S3W-3346. From now on, the figure is subject to a Consumer Prices Index (CPI) inflation adjustment each year on the anniversary of the start of the CHFS contract.

  As a further part of the agreements, CMAL pays £117,000 per month to CFL to meet the costs of harbour maintenance. This figure is also subject to an annual increase.

  CFL carry out harbour operations on behalf of CMAL at CMAL owned harbours as part of the CHFS contract. This activity is funded from CFL’s revenue and the block subsidy paid by the Scottish Government.

Fire Service

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many fire officers have been injured at work (a) accidentally or (b) as a result of assault in each year since 1999, broken down by brigade.

Fergus Ewing: The information requested on accidental injuries is available for Scotland as a whole only, and is given in Her Majesty’s Chief Inspector of Fire Services for Scotland annual reports published by the Scottish Executive in January 2003, January 2004; December 2004; October 2005 and December 2006, copies of which are available in the Scottish Parliament Information Centre (Bib. numbers 25890; 30472; 34686; 38132, and 41202). The inspectorate only began compiling figures for attacks on personnel in 2002-03 and this information is also available in the annual reports.

Foot-and-Mouth Disease

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what assistance is available to workers, such as those employed in slaughterhouses, who have been laid off as a result of the outbreak of foot-and-mouth disease.

Jim Mather: As far as I can determine there have been no lay-offs in the vast majority of abattoirs in Scotland as a result of the recent outbreak of foot-and-mouth disease. The exception to this is the export-only abattoir at Annan. Any workers who find themselves in the unfortunate position of being laid-off from their place of work, such as those employed at Annan, should contact their local Jobcentre Plus office to determine their entitlement, or otherwise, to benefits/financial assistance.

Housing

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S3W-3653 by Stewart Maxwell on 12 September 2007, how many wheelchair users are estimated to be living in social rented accommodation.

Stewart Maxwell: NHS Scotland wheelchair services are provided from five regional centres and independent report Moving forward: Review of NHS wheelchair and seating services in Scotland published in 2006 reports some 96,000 users registered with these centres in 2005: http://www.scotland.gov.uk/Resource/Doc/127201/0030495.pdf .

  This will include users living in communal establishments, such as nursing homes, and people with differing levels of use, from complete dependency to very occasional use. However, there is wide variation between the figures reported by individual centres in the number of registered users per head of population. This is in part due to regional differences in identifying and recording the more "active" users as distinct from "registered" users. In addition, a number of users obtain services from private providers rather than the NHS. Such users will not be included in the figures provided by the regional centres.

  There is no direct estimate of the number of wheelchair users living in social rented accommodation. The Scottish Household Survey gives an indication of the tenure of respondents in private households who use wheelchairs. The most recent data available for 2005 and 2006 show some 46% of wheelchair users were living in social rented accommodation, representing about 2% of respondents in the sector (data from two years have been combined due to small base numbers).

  Changes in building regulations over the past few years have lead to increased accessibility of the more recent mainstream new build, particularly in the social sector, resulting in higher levels of barrier-free housing which can more readily be adapted to meet the particular needs of wheelchair users.

Housing

John Wilson (Central Scotland) (SNP): To ask the Scottish Executive when Wishaw and District Housing Association was last inspected by Communities Scotland and what the outcome was of the inspection.

Stewart Maxwell: I have asked Angiolina Foster, Chief Executive of Communities Scotland to respond. Her response is as follows:

  Communities Scotland published its most recent inspection report on Wishaw and District Housing Association in March 2005.

  At that time, Communities Scotland’s inspectors awarded the Association the following grades for its performance as a landlord:

  

Overall Performance
B
Wishaw and District is a good performer with many strengths and some areas where improvement is needed.
The prospects for improvement overall arepromising.


Governance and Financial Management
C
Wishaw and District is a fair performer in governance and financial management with some strengths and significant areas where improvement is needed.
The prospects for improvement in governance and financial management are uncertain.


Housing Management
B
Wishaw and District delivers a good housing management service with many strengths and some areas where improvement is needed.
The prospects for improvement in housing management are promising.


Property Management
B
Wishaw and District delivers a good property management service with many strengths and some areas where improvement is needed.
The prospects for improvement in property management are promising.


Property Development
B
Wishaw and District delivers a good property development service with many strengths and some areas where improvement is needed.
The prospects for improvement in property development are promising.



  Wishaw and District was required to submit an improvement plan in relation to its governance and financial management, following the inspection. Progress against its improvement plan was confirmed as satisfactory in June 2007.

Housing

John Wilson (Central Scotland) (SNP): To ask the Scottish Executive when Wishaw and District Housing Association is next programmed to be inspected by Communities Scotland.

Stewart Maxwell: I have asked Angiolina Foster, Chief Executive of Communities Scotland to respond. Her response is as follows:

  Communities Scotland has no plans to inspect Wishaw and District Housing Association in the near future. The risk based approach to regulation and inspection which was introduced in 2006-07 means that cyclical inspections are no longer programmed. The association will be reviewed from time to time along with all other registered social landlords, to monitor for any changes required to the level of regulatory engagement.

Housing

Marilyn Livingstone (Kirkcaldy) (Lab): To ask the Scottish Executive what steps the Scottish Government is taking to support housing co-operatives in meeting targets for affordable housing.

Stewart Maxwell: I have asked Angiolina Foster, Chief Executive of Communities Scotland to respond. Her response is as follows.

  Communities Scotland provides Housing Association Grant to Registered Social Landlords (RSL) to provide affordable housing. Over the past three financial years 17 RSLs which are constituted as housing co-operatives have received funding from Communities Scotland (or from City of Edinburgh Council and Glasgow City Council where the Transfer of Management of Development Funding has occurred).

  In 2004-05 grants totalling £8.603 million were provided to housing co-operatives, in 2005-06 grants totalling £19.080 million were provided, in 2006-07 grants totalling £12.380 million were provided and in 2007-08 Communities Scotland has allocated grant funding of £11.293 million to housing co-operatives for delivery of affordable housing.

Housing

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how many council-owned houses in each local authority area are not expected to achieve the Scottish Housing Quality Standard by 2015.

Stewart Maxwell: I have asked Angiolina Foster, Chief Executive of Communities Scotland to respond. Her response is as follows.

  All of the local authorities that have submitted standard delivery plans (SDPs) outlining how they will reach the Scottish Housing Quality Standard have indicated that they are able to achieve the Standard by the end of 2015. As part of achieving the standard, councils can apply for exemptions from certain energy efficiency criteria where these are not technically feasible or involve disproportionate cost.

  South Ayrshire Council and Orkney Islands Council have received exemptions for 133 and 99 homes respectively. Highland Council is seeking exemptions for 4,250 homes but this is still being assessed along with other aspects of the council’s SDP by Communities Scotland. Edinburgh, West Dunbartonshire, Renfrewshire and Stirling Councils are still working to complete their SDPs.

Justice

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive whether it will publish any information that it holds on the number of court cases involving internet fraud or corruption in each year since 1999.

Kenny MacAskill: The available information is given in the following table. The charges relate to fraud or attempted fraud by electronic means (that is obtaining or attempting to obtain goods or services by computer, electronic or telephone means) and is not limited to transactions over the internet.

  Persons Proceeded Against for Electronic Fraud Offences1,2,3, 1999-2000 to 2005-06

  

 
1999-2000
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06


Scotland
-
-
-
4
6
5
7



  Note:

  1. Where main offence.

  2. Includes Attempted Fraud (Electronic Means) and Fraud (Electronic Means) under common law.

  3. Excludes any charges recorded under the offences of general fraud or credit and debit card fraud.

Licensing

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive what meetings have been held with the Association of Chief Police Officers in Scotland to discuss the staffing and resource implications of the implementation of the Licensing (Scotland) Act 2005.

Kenny MacAskill: The Scottish Executive attends the ACPOS Licensing Sub-Group which discusses a range of matters about implementation of the act. Meetings took place on 9 August 2006, 29 September 2006, 10 November 2006, 5 February 2007, 2 May 2007, and 10 October 2007. In addition, ACPOS met the Deputy Minister for Public Service Reform in the last administration on 16 January 2007 and me on 22 August 2007 to discuss implementation of the act.

Licensing

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive what meetings are planned with the Association of Chief Police Officers in Scotland (ACPOS) to discuss the staffing and resource implications of the implementation of the Licensing (Scotland) Act 2005.

Kenny MacAskill: The Scottish Executive will continue to discuss implementation of the act through the ACPOS Licensing Sub-Group. No date has yet been set by ACPOS for the next meeting. Discussions are also underway with the ACPOS Finance Management Business Area.

Licensing

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive how much funding has been allocated to meet the staffing and resource implications, identified by the Association of Chief Police Officers in Scotland (ACPOS), of the implementation of the Licensing (Scotland) Act 2005.

Kenny MacAskill: A bid from ACPOS for additional funding will be considered as art of the spending review.

NHS Finance

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether transitional funding for NHS Greater Glasgow and Clyde and NHS Highland, following the dissolution of NHS Argyll and Clyde, will be available beyond 2009-10.

Nicola Sturgeon: Based on current financial plans it is not expected that transitional funding will be required beyond 2009-10. We will continue to work closely with both NHS Greater Glasgow and Clyde and NHS Highland on all aspects of financial planning.

Planning

Sandra White (Glasgow) (SNP): To ask the Scottish Executive what the criteria are for land to be designated as greenspace.

John Swinney: Policy on open space is set out in National Planning Policy Guideline (NPPG) 11: Sport, Physical Recreation and Open Space, which indicates that planning authorities should, in their local plans, identify existing sports facilities, parks, open spaces, pitches and playing fields and use the proposals map to protect these spaces where necessary. The local plan should also indicate sites where proposals to satisfy unmet demand can be located, including, if appropriate, sites for open space in urban areas. There are no set criteria for designating land as greenspace.

  NPPG 11 is currently under review and will shortly be replaced by Scottish Planning Policy (SPP) 11: Open Space and Physical Activity.

Planning

Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether local residents can apply to have areas of disused land considered as greenspace.

John Swinney: Planning authorities consider the appropriate use of land within their area at each review of the development plan. As part of the review process there are formal opportunities for local residents and other members of the public to make representations and the planning authority must take these into account in finalising the plan.

  The consultation draft of Scottish Planning Policy (SPP) 11: Open Space and Physical Activity, published August 2006, indicates that local authorities are also expected to take account of community views in preparing an open space audit and strategy for their area, reflecting existing and future needs for open space. The final version of SPP 11 will shortly be published, replacing existing National Planning Policy Guideline (NPPG) 11: Sport, Physical Recreation and Open Space.

Planning

Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether land designated or considered as greenspace has protection against development.

John Swinney: National Planning Policy Guideline (NPPG) 11: Sport, Physical Recreation and Open Space sets out how planning authorities should plan for and protect open space. NPPG 11 is currently under review and will shortly be replaced by Scottish Planning Policy (SPP) 11: Open Space and Physical Activity. SPP 11 will strengthen protection against development on open space. The draft version of SPP 11, published in August 2006, can be viewed on the Scottish Government website at:  www.scotland.gov.uk/Publications/2006/08/10134711/0 .

Planning

Sandra White (Glasgow) (SNP): To ask the Scottish Executive how surplus local authority land can be reclassified as parkland.

John Swinney: The consultation draft of Scottish Planning Policy (SPP) 11: Open Space and Physical Activity, published August 2006, indicates that local authorities should prepare an open space audit and strategy for their area, reflecting existing and future needs for open space, which will include parks. The final version of SPP 11 will shortly be published, replacing existing National Planning Policy Guideline (NPPG) 11: Sport, Physical Recreation and Open Space.

  Planning authorities consider the appropriate use of land within their area at each review of the development plan. As part of the review process representations may be made to the planning authority and these will be taken into account in finalising the plan.

Planning

Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether disused land originally earmarked for development can be held indefinitely without being developed.

John Swinney: The designation of land for a particular type of development in a development plan, or the granting of planning permission for a specific development proposal on said land does not compel anyone to carry out the development. For example, as planning permission runs with the land, the owner of a piece of disused land could assert his or her rights as owner and prevent anyone from carrying out development despite having obtained planning permission.

  This sort of "earmarking" does not last indefinitely. Planning permissions are time limited in the sense that the permission will lapse unless development has begun by a date specified in the permission. The designation of land in a development plan may also change if the plan is amended or when it is eventually replaced.

Police

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what plans it has to review the process for commissioning and paying police informants and to ensure that adequate independent scrutiny of this process is possible.

Kenny MacAskill: Independent scrutiny of the process of managing covert human intelligence sources within police forces is provided by Her Majesty’s Inspectorate of Constabulary. The Scottish Executive has no plans to review this process.

Roads

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive whether an air quality assessment is required to comply with EU regulations on new road developments and whether such an assessment has been carried out in relation to the Aberdeen Western Peripheral Route.

Stewart Stevenson: The requirement for assessment of air quality impacts is set out in Schedule 4 of the Environmental Impact Assessment (Scotland) Regulations and Annex IV of Council Directive 85/337/EEC as amended by Council Directive 97/11/EC.

  Full details of the assessment and the findings for the Aberdeen Western Peripheral Route can be found in the Environmental Statement which can be viewed on the project website (www.awpr.co.uk).

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive how it will evaluate the effectiveness of its free school meals pilot.

Adam Ingram: I refer the member to the answer to question S3W-4164 on 19 September 2007. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive what evidence exists that universal free school meals produce better outcomes for all pupils.

Adam Ingram: There is already evidence that a healthier diet leads to longer term health benefits. The evaluation of our free school meals trial for primary 1 to primary 3 pupils will investigate the impact on the uptake of school lunches by all pupils together with providing an assessment of any changes in attitudes and behaviours in relation to healthy eating both at home and at school.

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it is in favour of the universal provision of free school meals for children in primary 1 to primary 3.

Adam Ingram: We are conducting the trial of free school meals for primary 1 to primary 3 pupils in 5 local authorities because we want to investigate whether the provision of free school lunches in this age group can help bring about a shift towards healthy eating habits and social behaviour both at home and in school. We have adopted a universal approach for the trial because there is some evidence which suggests that poor diet is not limited to poorer families.

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it believes in targeting free school meals provision for primary 1 to primary 3 to children from underprivileged backgrounds.

Adam Ingram: The evaluation of the trial of free school meals for primary 1 to primary 3 will investigate whether there are differences in the rate of uptake among those entitled to free school meals and those who are not. This information will help inform whether the trial will be rolled out nationally.

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive what consultation took place about the free school meals pilot with the five local authorities involved.

Adam Ingram: We wrote to the Directors of Education in the five local authorities setting out the dates and the estimated costs for the trial and asked each if they wished to be involved. They all responded positively.

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether local authorities were consulted on the design of the free school meals pilot.

Adam Ingram: Once the local authorities agreed to conduct the trial they each developed appropriate plans for implementing it, taking account of local circumstances.

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether local authorities were given the option to target free school meals provision in primary 1 to primary 3 to children from underprivileged backgrounds.

Adam Ingram: No.

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it agrees with the position on free school meals outlined in the 2007 SNP election manifesto.

Adam Ingram: Yes. Our first priority is to conduct the free school meals trial for primary 1 to primary 3 pupils in five local authorities from October until the end of March next year. In the future we would like to extend entitlement for free school meals to families in receipt of maximum child tax credit and maximum working tax credit, although this will depend on forthcoming discussions with COSLA about outcome agreements.

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive, further to the answer to question S3O-732 by Adam Ingram on 27 September 2007 ( Official Report c. 2220), what the estimated cost is of extending free school meals to those children whose parents are in receipt of maximum working families tax credit.

Adam Ingram: At the current rate of uptake of free school meals, we estimate that extending entitlement for free school meals to children whose parents are in receipt of maximum child tax credit and maximum working tax credit would cost approximately £17.3 million per year.

School Meals

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive, further to the answer to question S3O-732 by Adam Ingram on 27 September 2007 ( Official Report c. 2220), what the rationale is for piloting a universal entitlement to free school meals for primary 1 to primary 3 pupils in five local authority areas.

Adam Ingram: There is evidence that a healthier diet leads to longer term health benefits. We are conducting the trial of free school meals for primary 1 to primary 3 pupils in five local authorities because we want to investigate whether the provision of free school lunches in this age group can help bring about a shift towards healthy eating habits and social behaviour both at home and in school. We have adopted a universal approach for the trial because there is some evidence which suggests that poor diet is not limited to poorer families.

Schools

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will guarantee that the establishment of a Scottish futures trust, as set out in the 2007 SNP manifesto, will not cause the planned replacement of Wick High School to be postponed or cancelled.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will guarantee that the establishment of a Scottish futures trust, as set out in the 2007 SNP manifesto, will not affect the scheduled replacement of Caol/Banavie primary schools.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will guarantee that the establishment of a Scottish futures trust, as set out in the 2007 SNP manifesto, will not affect the scheduled replacement of Newmore/Invergordon town and country schools.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will guarantee that the establishment of a Scottish futures trust, as set out in the 2007 SNP manifesto, will not affect the scheduled completion of the new Inverness High School.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will guarantee that the establishment of a Scottish futures trust, as promised in the 2007 SNP manifesto, will not cause the scheduled completion of the new Lochaline Primary School to be postponed or cancelled.

John Swinney: Each local authority has a statutory responsibility to provide and maintain their own school buildings. The replacement of Wick High School, therefore, is a matter for Highland Council as is any other school proposal within the council’s authority and control. There are several procurement options open to public sector procuring bodies and it is their responsibility to assess which is most appropriate for any investment they are undertaking.

  As regards the Scottish Futures Trust, work on the design aspects is underway, and we believe it will be able to deliver better value arrangements for major public infrastructure projects. We will make an announcement with further details in due course.

Sexual Offences

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive what plans it has to bring forward legislation that would allow juries to hear about previous convictions of accused persons charged with sexual crimes.

Kenny MacAskill: This is a very complex matter and so the Scottish Government intends to examine carefully whether and in what circumstances the previous convictions of accused persons could be made known to juries. We are currently considering how such an examination could best be carried out. In the light of that we will reach decisions on any further action.

Sexual Offences

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive what reports have been initiated or consulted on in respect of any proposed legislation that would allow juries to hear about previous convictions of accused persons charged with sexual crimes.

Kenny MacAskill: The Scottish Law Commission is expected to issue its final report on its Review of Rape and Sexual Offences soon. In this review the commission has considered, among other issues, the law of evidence and whether juries should be allowed to hear about previous convictions of accused persons charged with sexual crimes.

  The commission’s discussion paper, issued for consultation in January 2006, made the following preliminary proposal in relation to these issues: "Any consideration of the law relating to evidence of the character of a person accused of a sexual offence should be conducted as part of a wider review of the law of evidence."

  The Scottish Government is now looking at this issue in a wider context, and I refer the member to the answer to question S3W-4752 on 22 October 2007. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: http://www.scottish.parliament.uk/webapp/wa.search.

Sexual Offences

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive whether any analysis has been carried out of the effectiveness of juries hearing about previous convictions of accused persons charged with sexual crimes, given that this policy has been applied in England and Wales since 2004.

Kenny MacAskill: The Scottish Government is aware of research carried out in England and Wales following the implementation of bad character provisions in the Criminal Justice Act 2003. This research is currently undergoing a peer review process prior to publication.

  However, it is not expected that the report will include any specific focus on those accused of sexual crimes.

  The member may wish to note the answer given in the UK Parliament on 24 May 2007 by the Minister of State, Ministry of Justice, to a question on this topic which can be found at: http://www.publications.parliament.uk/pa/cm200607/cmhansrd/cm070524/text/70524w0016.htm#0705258000065.

Teachers

Derek Brownlee (South of Scotland) (Con): To ask the Scottish Executive how many teachers are on (a) permanent and (b) fixed-term contracts.

Maureen Watt: Information on how many teachers are on (a) permanent and (b) fixed-term contracts is collected as part of the annual teacher census. The latest available data relates to 2006 and was published in Teachers in Scotland, 2006 which can be accessed using the following hyperlink: http://www.scotland.gov.uk/Publications/2007/03/27085753/0

  Data for 2007 will be obtained from the results of this year’s teacher census which will be published in March 2008.

Terrorism

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how many individuals have been questioned by the police under prevention of terrorism legislation in each year since 1999, also broken down by force.

Kenny MacAskill: This information is not held centrally.

Transport

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive, further to the answer to question S3W-3854 by Stewart Stevenson on 18 September 2007, what the estimated costs would be, at 2006 prices, to strengthen the decking of a new Forth Bridge during its lifetime as opposed to when initially constructed.

Stewart Stevenson: No decision has yet been made regarding the form of the replacement crossing.

  Following the decision on the form, function and location of the crossing, the crossing will be designed and constructed to suit its proposed function and to carry specific, alternative transport modes.

  Therefore, no costs have been prepared for strengthening the deck at a later date, should a bridge be decided upon.

  The whole life maintenance costs for the bridge and tunnel options are included in the Forth Replacement Crossing Study reports.

Transport

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive, further to the answer to question S3W-3854 by Stewart Stevenson on 18 September 2007, what the estimated costs would be, at 2006 prices, to convert one of the two proposed bored tunnels from road use to light rail use during the lifetime of the new Forth crossing.

Stewart Stevenson: Converting one of the two proposed bored tunnels from road to light rail would raise the capacity issue of reducing the crossing to a single lane for general traffic in either direction.

  Therefore, no costing has been produced.

Transport

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive, further to the answer to question S3W-3854 by Stewart Stevenson on 18 September 2007, what the estimated costs would be, at 2006 prices, to convert one of the two proposed bored tunnels from road use to heavy rail use during the lifetime of the new Forth crossing.

Stewart Stevenson: The tunnel options under consideration do not satisfy the gradients required for heavy rail to be incorporated, either during construction or at a later stage. As such, we have not estimated the costs of converting one of the two bored tunnels from road use to heavy rail during the lifetime of the new Forth crossing.